Digest of Cases Decided in the Courts of Session, Teinds, and Justiciary. in the House of Lords, 1821-1835; in the Jury Court, 1815-1833: And a Selection from Recent Statutes and English Reports, with an Index of Names

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Thomas Clark, and Saunders and Benning (London), 1834 - 886 σελίδες
 

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Σελίδα 242 - And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Σελίδα 161 - Middleton, her mother, by virtue of her contract of marriage with the said " John Ewen, her father, or of any clause, article, or condition therein contained, " which is hereby discharged, to all intents and purposes, as fully and effectually " as if the same was particularly engrossed ; or by any other manner of way ; or " by and through the decease of the said John Ewen, her father, whenever the " same shall happen at the pleasure of God, either as bairn's part of gear, dead's " third, portion-natural,...
Σελίδα 362 - Justiciary on the indictment of the crown, and a verdict having been returned finding him guilty, but that he was subject to fits of insanity at the time of committing the acts charged, on which verdict the court ordained him to be confined in the jail of the head burgh of the county where the...
Σελίδα 357 - A superior possessing under an entail, granted a charter of resignation in favour of a vassal, embracing an entail containing a series of heirs. Sasine was taken, and possession enjoyed for forty years. An heir of entail succeeded to the superiority, and refused to receive as his vassal a party claiming entry as an heir of entail under the charter, except in the character of a singular successor, and on payment of a year's rent. Held that he was bound to enter him as an heir. D. of Hamilton v. Baillie,...
Σελίδα 10 - The taking out a single certificate within the time specified an the 7 Geo. IV. c. 44, is sufficient to entitle an agent who has omitted to take out certificates for several years, to sue for recovery of expenses incurred in conducting an action during the years when he had no certificate, without also taking out certificates for these years ; and doubts expressed as to whether the incapacity of suing, declared by the 48 Geo. in. c. 149, applies to an agent conducting a suit of his own.
Σελίδα 126 - ... contextu, a general disposition of the estates of which he should die possessed in favour of the same heirs, under a declaration, that " the real and personal estate hereby conveyed is and shall be burdened with the payment of all my just and lawful debts...
Σελίδα 129 - A lease of coal was granted, with a stipulation that if, " by unforeseen accidents' occurrence, dykes, or troubles not occasioned by irregular or improper workings, it shall become, in the opinion of skilful men, mutually chosen by the parties, incapable of being wrought to advantage...
Σελίδα 286 - A lease of part of an entailed estate was purchased by a party while under reduction, and thereafter a judgment was pronounced sustaining the lease ; but contrary judgments were subsequently pronounced in other causes, and particularly in regard to certain leases under the same entail. After an interval of ten years an appeal was taken, and considerable litigation occurred under a remit from the House of Lords, and the lease was ultimately reduced by that House. Held that the bona Jules of the party...
Σελίδα 245 - It having been found, by the verdict of a jury, that a house protected by a policy of insurance from damage by fire had been injured by the falling of the gable of another house in consequence of fire in that house; held, that the insurers were liable, although the house insured had not been on fire, and the gable of the other house had stood for two days after the fire was extinguished, and fell in the course of operations on it by order of the Dean of Guild, with the view of taking it down.
Σελίδα 393 - ... to show cause why a new trial should not be granted. The...

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